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Technical controls that protect data when in use and prevent misuse

Author

Listed:
  • Feys, Magali (Maggie)

    (Founder, AContrario.law, IP, IT & Data Protection Lawyer, Belgium)

  • Swanson, Joseph W.

    (Attorney at Law, Carlton Fields, USA)

  • Carreiro, Patricia M.

    (Attorney at Law, Carlton Fields,, USA)

  • Lafever, Gary

    (Co-CEO and General Counsel, Anonos, USA)

Abstract

Global data processing flowing across geographic borders and increasing risks of external data breach and misuse beyond lawful purposes requires careful evaluation of technical controls that prevent privacy violations before they occur. This paper details the specific requirements for, and certain benefits from, implementing technical controls satisfying the heightened requirements for statutory pseudonymisation as defined in the General Data Protection Regulation (GDPR) in the context of (i) surveillance-proof processing, (ii) lawfulness of processing, (iii) more secure processing and (iv) data supply chain defensibility. The interconnectedness of these issues is presented within the confluence of conflicting interests among four different groups: governments, courts, enforcement agencies and non-governmental organisations (NGOs).

Suggested Citation

  • Feys, Magali (Maggie) & Swanson, Joseph W. & Carreiro, Patricia M. & Lafever, Gary, 2023. "Technical controls that protect data when in use and prevent misuse," Journal of Data Protection & Privacy, Henry Stewart Publications, vol. 5(3), pages 281-296, January.
    • Handle: RePEc:aza:jdpp00:y:2023:v:5:i:3:p:281-296
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    More about this item

    Keywords

    pseudonymisation; international data transfer; cloud; data breach; analytics; artificial intelligence (AI); machine learning (ML);
    All these keywords.

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

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